Afr M/S. Laxsan Associates vs State Of Odisha & Ors. ..... Opp. Parties on 28 March, 2024
3. Mr. P.C. Nayak, learned counsel appearing for
the petitioner contended that the petitioner, having
satisfied the requirement of the RFP issued under
Annexure-2, participated in the tender process and
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qualified in the technical evaluation. Thereafter, in the
financial bid though it was L1 bidder, its financial bid
was not accepted on the flimsy ground that its past
performance relating to deployment of manpower in RTO
offices was not satisfactory and it has not deposited
statutory dues in respect of manpower supplied. It is
further contended that while participating in the tender
in pre bid meeting if the said question was raised, the
petitioner could have clarified the position with regard to
past performance relating to deployment of manpower in
RTO offices. It is further contended that so far as
clearance of statutory dues is concerned, the petitioner
has cleared all the EPF and allied dues vide Annexure-5.
When there are no statutory dues to be paid by the
petitioner, the authority has misconstrued in issuing
letter dated 06.10.2023 and rejecting the financial bid of
the petitioner. It is further contended that since the
letter dated 06.10.2023 under Annexure-1 has been
issued without specifying with regard to violation of any
condition of the tender, the same cannot be sustained in
the eye of law. Thereby, the decision making process of
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the authority being arbitrary, unreasonable and contrary
to the provisions of law, this Court can exercise power of
judicial review to prevent arbitrariness and
unreasonableness in the decision of the authority
concerned. To substantiate his contentions, he has
relied upon the judgments in Mohabir Auto Stores v.
Indian Oil Corporation, AIR 1990 SC 1031 : (1990) 3
SCC 752; Reliance Energy Ltd. and Anr. v.
Maharashtra State Road Development Corpn. Ltd. &
Ors,, (2007) 8 SCC 1; Adani Gas Limited v. Petroleum
and Natural Gas Regulatory Board & Ors., (2020) 4
SCC 529; M/s. D.K. Engineering & Construction v.
State of Odisha & Anr., 2016(II) ILR-CUT-515; M/s.
Famous Security Services v. State of Odisha, AIR
2021 (Odisha) 57 and Mihan India Ltd. v. GMR
Airports Ltd., AIR 2022 SC 2745.